Tex. Prop. Code Section 53.159
Obligation to Furnish Information


(a)

An owner, on written request, shall furnish the following information within a reasonable time, but not later than the 10th day after the date the request is received, to any person furnishing labor or materials for the project:

(1)

a description of the real property being improved legally sufficient to identify it;

(2)

whether there is a surety bond and if so, the name and last known address of the surety and a copy of the bond;

(3)

whether there are any prior recorded liens or security interests on the real property being improved and if so, the name and address of the person having the lien or security interest; and

(4)

the date on which the original contract for the project was executed.

(b)

An original contractor, on written request by a person who furnished work under the original contract, shall furnish to the person the following information within a reasonable time, but not later than the 10th day after the date the request is received:

(1)

the name and last known address of the person to whom the original contractor furnished labor or materials for the construction project;

(2)

whether the original contractor has furnished or has been furnished a payment bond for any of the work on the construction project and if so, the name and last known address of the surety and a copy of the bond; and

(3)

the date on which the original contract for the project was executed.

(c)

A subcontractor, on written request by an owner of the property being improved, the original contractor, a surety on a bond covering the original contract, or any person furnishing work under the subcontract, shall furnish to the person the following information within a reasonable time, but not later than the 10th day after the date the request is received:

(1)

the name and last known address of each person from whom the subcontractor purchased labor or materials for the construction project, other than those materials that were furnished to the project from the subcontractor’s inventory;

(2)

the name and last known address of each person to whom the subcontractor furnished labor or materials for the construction project; and

(3)

whether the subcontractor has furnished or has been furnished a payment bond for any of the work on the construction project and if so, the name and last known address of the surety and a copy of the bond.

(d)

Not later than the 30th day after the date a written request is received from the owner, the contractor under whom a claim of lien or under whom a bond is made, or a surety on a bond on which a claim is made, a claimant for a lien or under a bond shall furnish to the requesting person a copy of any applicable written agreement, purchase order, or contract and any billing, statement, or payment request of the claimant reflecting the amount claimed and the work performed by the claimant for which the claim is made. If requested, the claimant shall provide the estimated amount due for each calendar month in which the claimant has performed labor or furnished materials.

(e)

If a person from whom information is requested does not have a direct contractual relationship on the project with the person requesting the information, the person from whom information is requested, other than a claimant requested to furnish information under Subsection (d), may require payment of the actual costs, not to exceed $25, in furnishing the requested information.

(f)

A person, other than a claimant requested to furnish information under Subsection (d), who fails to furnish information as required by this section is liable to the requesting person for that person’s reasonable and necessary costs incurred in procuring the requested information.

(g)

Expired.
Added by Acts 1989, 71st Leg., ch. 1138, Sec. 23, eff. Sept. 1, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 499 (H.B. 1390), Sec. 7, eff. September 1, 2011.

Source: Section 53.159 — Obligation to Furnish Information, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­53.­htm#53.­159 (accessed Apr. 13, 2024).

53.001
Definitions
53.002
More than One Original Contractor
53.003
Notices
53.021
Persons Entitled to Lien
53.022
Property to Which Lien Extends
53.023
Payment Secured by Lien
53.024
Limitation on Subcontractor’s Lien
53.025
Limitation on Ordinary Retainage Lien
53.026
Sham Contract
53.051
Necessary Procedures
53.052
Filing of Affidavit
53.054
Contents of Affidavit
53.055
Notice of Filed Affidavit
53.056
Derivative Claimant: Notice to Owner and Original Contractor
53.057
Derivative Claimant: Notice of Claim for Unpaid Retainage
53.081
Authority to Withhold Funds for Benefit of Claimants
53.082
Time for Which Funds Are Withheld
53.084
Owner’s Liability
53.085
Affidavit Required
53.101
Funds Required to Be Reserved
53.102
Payment Secured by Reserved Funds
53.103
Lien on Reserved Funds
53.104
Preferences
53.105
Owner’s Liability for Failure to Reserve Funds
53.106
Affidavit of Completion
53.107
Notice Relating to Termination of Work or Abandonment of Performance by Original Contractor or Owner
53.121
Preference over Other Creditors
53.122
Equality of Mechanic’s Liens
53.123
Priority of Mechanic’s Lien over Other Liens
53.124
Inception of Mechanic’s Lien
53.151
Enforcement of Remedies Against Money Due Original Contractor or Subcontractor
53.152
Release of Claim or Lien
53.153
Defense of Actions
53.154
Foreclosure
53.155
Transfer of Property Sold
53.156
Costs and Attorney’s Fees
53.157
Discharge of Lien
53.158
Period for Bringing Suit to Foreclose Lien
53.159
Obligation to Furnish Information
53.160
Summary Motion to Remove Invalid or Unenforceable Lien
53.161
Bond Requirements After Order to Remove
53.162
Revival of Removed Lien
53.171
Bond
53.172
Bond Requirements
53.173
Notice of Bond
53.174
Recording of Bond and Notice
53.175
Action on Bond
53.201
Bond
53.202
Bond Requirements
53.203
Recording of Bond and Contract
53.204
Reliance on Record
53.205
Enforceable Claims
53.206
Perfection of Claim
53.207
Owner’s Notice of Claim to Surety
53.208
Action on Bond
53.210
Claims in Excess of Bond Amount
53.211
Attempted Compliance
53.231
Lien
53.232
To Whom Notice Given
53.233
Contents of Notice
53.234
Time for Notice
53.235
Official to Retain Funds
53.236
Bond for Release of Lien
53.237
Bond Requirements
53.238
Notice of Bond
53.239
Action on Bond
53.251
Procedures for Residential Construction Projects
53.254
Contractual Requirements for Lien on Homestead
53.255
Disclosure Statement Required for Residential Construction Contract
53.256
List of Subcontractors and Suppliers
53.257
Provisions Related to Closing of Loan for Construction of Improvements
53.258
Disbursements of Funds
53.259
Final Bills-paid Affidavit Required
53.260
Conveyance to Contractor Not Required
53.281
Waiver and Release of Lien or Payment Bond Claim
53.282
Conditions for Waiver, Release, or Impairment of Lien or Payment Bond Claim
53.283
Unconditional Waiver and Release: Payment Required
53.284
Forms for Waiver and Release of Lien or Payment Bond Claim
53.286
Public Policy
53.287
Certain Agreements Exempt

Accessed:
Apr. 13, 2024

§ 53.159’s source at texas​.gov